What to Do If Your Ex Interferes With Child Visitation

If you had children with your ex-spouse or an ex from a previous relationship,
one of the biggest issues that must be resolved is determining who gets
primary custody of your child and what the visitation rights will be.
While these schedules can either be worked-out between you and your ex
or decided by the court, and may be extremely liberal or extremely strict
depending on the circumstances of your case, sticking to these schedules
is required once the court enters a final order.

Unfortunately, there are a variety of reasons why the visitation schedule
may not be followed – one of the primary being that your ex interferes
with your visitation. In a previous blog post, I offered suggestions on
how to ensure a visitation exchange goes smoothly. However, here are some
options for you in the event your ex interferes with your visitation rights
altogether.

If you are the custodial parent of your child (the parent with whom your
child lives with and spends most of their time with) and your ex-spouse
violates the visitation agreement by not returning your child, this is
pretty serious. First, you should make a stern demand for your child back
to the other parent by any and all means possible. Try not to be rude
or escalate the situation any further, but let the other parent know that
you want an immediate return of the child.

If you are the non-custodial parent but are entitled to visitation time
with your child, but your ex refuses to let you see your child, then you
should first try to discuss the matter calmly with your ex outside the
presence of your child. If this is ineffective, then utilize the court
system. Petition the court that approved your initial custody and visitation
agreement for an order to show cause and/or an order of contempt against
the custodial parent, and ask that you be allowed to visit with your child
in accordance with the visitation schedule. If this is a common occurrence,
then you may want to petition the court to change your visitation schedule
altogether based upon a substantial change in circumstances, and use the
evidence of your ex’s withholding visitation in court.

However,
under no circumstances should you abduct your child or otherwise violate
the custody and visitation agreement that is in place. You can face serious criminal and civil penalties for doing so, and no
court will have sympathy for your “two wrongs make a right”
argument.

As you can see, many issues can arise when it comes to abiding by and enforcing
custody and visitation schedules. However, it is never a good idea to
take matters into your own hands. If you are involved in a custody or
visitation dispute, you need the help of a knowledgeable family law attorney.
The qualified Family Law Attorneys at DiPietro Family Law Group have decades
of experience handling all types of family law cases.
Contact one of our attorneys today at (888) 530-4374 to schedule a consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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